Victorian Numbered Acts

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CHILDREN'S LEGISLATION AMENDMENT ACT 2008 (NO. 22 OF 2008) - SECT 4

Non-application of Act

s. 4

    (1)     Section 5(1)(b) of the Children's Services Act 1996 is repealed .

    (2)     After section 5(1) of the Children's Services Act 1996 insert

    "(1A)     Nothing in this Act applies in circumstances where the education provided to a child is education at a preparatory level or above at a Government school, or non-Government school, within the meaning of the Education and Training Reform Act 2006 .

    (1B)     Nothing in this Act applies—

        (a)     to a service principally conducted to provide instruction in a particular activity or sport; or

Example

Instruction in a particular activity could be instruction in dance, music or language or religious instruction.

        (b)     to a playgroup registered with Playgroup Victoria Inc.

    (1C)     To avoid doubt, it is declared that a service may be a children's service even though it is conducted—

        (a)     by an entity that also carries on a school; or

        (b)     at premises at which a school is also carried on.".

    (3)     For section 5(3) of the Children's Services Act 1996 substitute

    "(3)     Nothing in this Act applies in circumstances where—

        (a)     children are being cared for or educated under an informal arrangement between a parent or guardian of one or more of the children and the individual (the carer ) providing the care and education; and

        (b)     at least one of the children (other than a child of the carer) is being cared for or educated in his or her own home; and
s. 4

        (c)     not more than 4 children under the age of 6 who are not students enrolled at a preparatory level or above at a school are being cared for or educated by the carer.

Example

A group of parents arrange for their children to be cared for by a babysitter or nanny in one of the parent's homes.

    (4)     Nothing in this Act applies in circumstances where children who are 6 years of age or over or who are students enrolled at a preparatory level or above at a school are being cared for or educated outside their own home under an informal arrangement between a parent or guardian of the children and the individual providing the care or education.

Example

A parent arranges for a neighbour or friend to care for his or her children after school.".



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